Law

Out of the extraordinary: Supreme Court creates key precedents even on 'routine' business issues

Article Abstract:

Decisions handed down by the US Supreme Court on Jan 18, 1995, focused on individual interactions with commercial activities. The Court affirmed the broad reach of a federal statute supporting arbitration clauses. Consumer fraud claims were allowed to go forward by the Court in a suit brought by holders of frequent-flier points that had become more restricted. Saved seeds was interpreted to mean saved for replanting under the Plant Variety Protection Act of 1970. The Court also gave approval for banks to sell annuities.

Rebuilding affirmative action: the Court mandates 'strict scrutiny' for all official race-based programs

Article Abstract:

The US Supreme Court's 5-4 decision in Adarand Constructors v Pena overturns its 5-4 affirmation of federal race-based programs in 1987's Metro Broadcasting v FCC. The Adarand opinion, written by Justice Sandra Day O'Connor, applies to congressional and federal programs the same strict scrutiny already given state or local ones, a standard that has ended some in the circuit courts. It also says discrimination against whites should receive the same scrutiny as that involving other races.

Race matters: new cases return a volatile issue to the top of the Supreme Court's agenda

Article Abstract:

Civil rights cases pending before the Supreme Court in 1994 may have less liberal results than would have been the case when the court was more liberal. Justices such as Clarence Thomas have much more conservative philosophies than their predecessors. Cases pending before the court on scholarships exclusive to one race, federal contracts and voting rights may give the Court a chance to give race discrimination and equal protection doctrine a more conservative spin.